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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0654.01D JAP HOUSE BILL 98­1367

STATE OF COLORADO

BY REPRESENTATIVE G. Berry

EDUCATION

A BILL FOR AN ACT

CONCERNING HIGHER EDUCATION.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Effective June 30, 1998, abolishes the board of trustees of the state colleges in Colorado. Designates the Colorado commission on higher education as the governing board for the state colleges from July 1, 1998, to June 30, 1999. Requires each state college to present a governance plan to a joint meeting of the education committees of the senate and house of representatives and the joint budget committee on or before September 1, 1998. Specifies that each plan shall include the state college's preference as to future governance. Instructs the education committees and the joint budget committee, acting together, to recommend legislation establishing the governing boards for the state colleges.

For the 1998­99 fiscal year, instructs the general assembly to appropriate to the Colorado commission on higher education the funds that would otherwise be appropriated to the board of trustees of the state colleges in Colorado. Instructs the commission to allocate said funds to the state colleges in proportion to the amount received by the state colleges in the previous fiscal year. Allows the commission to retain a percentage of the funds so appropriated to offset the costs incurred in managing the state colleges.

Makes conforming amendments.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 23­50­101, Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:

23­50­101. Governance of state colleges. (1)  FOR PURPOSES OF THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a)  "COMMISSION" MEANS THE COLORADO COMMISSION ON HIGHER EDUCATION, CREATED PURSUANT TO SECTION 23­1­102.

(b)  "STATE COLLEGES" MEANS METROPOLITAN STATE COLLEGE OF DENVER, MESA STATE COLLEGE, WESTERN STATE COLLEGE OF COLORADO, AND ADAMS STATE COLLEGE OF COLORADO.

(2)  EFFECTIVE JUNE 30, 1998, THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO IS ABOLISHED AND THE TERMS OF THE TRUSTEES SERVING AS SUCH IMMEDIATELY PRIOR TO JUNE 30, 1998, ARE TERMINATED. FOLLOWING SUCH TERMINATION AND UNTIL JUNE 30, 1999, THE STATE COLLEGES SHALL BE UNDER THE CONTROL OF THE COLORADO COMMISSION ON HIGHER EDUCATION.

(3) (a)  ON OR BEFORE SEPTEMBER 1, 1998, EACH OF THE STATE COLLEGES SHALL PRESENT A GOVERNANCE PLAN AT A JOINT MEETING OF THE EDUCATION COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES AND THE JOINT BUDGET COMMITTEE. EACH STATE COLLEGE'S GOVERNANCE PLAN SHALL SPECIFY:

(I)  THE EXISTING GOVERNING BOARD WITH WHICH THE STATE COLLEGE WOULD CHOOSE TO AFFILIATE; OR

(II)  WHETHER THE STATE COLLEGE WOULD PREFER TO OPERATE INDEPENDENTLY UNDER ITS OWN GOVERNING BOARD; OR

(III)  WHETHER THE STATE COLLEGE WOULD PREFER TO JOIN WITH ONE OR MORE OF THE OTHER STATE COLLEGES IN CREATING A NEW STATE COLLEGE GOVERNING BOARD.

(b)  IN PREPARING ITS GOVERNANCE PLAN, EACH STATE COLLEGE, AT A MINIMUM, SHALL WORK WITH THE COMMISSION, THE STATE SENATOR AND STATE REPRESENTATIVE OF THE SENATE AND HOUSE DISTRICTS IN WHICH THE STATE COLLEGE IS LOCATED, AND MEMBERS OF THE PUBLIC. EACH STATE COLLEGE SHALL HOLD AT LEAST ONE PUBLIC MEETING TO RECEIVE COMMENTS FROM THE PUBLIC IN PREPARING ITS GOVERNANCE PLAN.

(c)  IN ADDITION TO THE ISSUES SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (3), THE GOVERNANCE PLAN PRESENTED BY EACH STATE COLLEGE MAY ADDRESS ANY OTHER GOVERNANCE ISSUES ARISING IN THE COURSE OF CONSIDERING A CHANGE IN GOVERNANCE. THE COMMISSION SHALL ALSO PRESENT ITS RECOMMENDATIONS CONCERNING GOVERNANCE OF THE STATE COLLEGES TO THE JOINT MEETING OF THE EDUCATION COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES AND THE JOINT BUDGET COMMITTEE.

(d)  ON OR BEFORE OCTOBER 15, 1998, THE EDUCATION COMMITTEES AND THE JOINT BUDGET COMMITTEE SHALL JOINTLY RECOMMEND LEGISLATION TO ADDRESS THE GOVERNANCE OF THE STATE COLLEGES TO THE LEGISLATIVE COUNCIL. SUCH LEGISLATION SHALL BE TREATED AS LEGISLATION RECOMMENDED BY AN INTERIM LEGISLATIVE COMMITTEE FOR PURPOSES OF ANY INTRODUCTION DEADLINES OR BILL LIMITATIONS IMPOSED BY THE JOINT RULES OF THE GENERAL ASSEMBLY.

(4)  DURING THE TIME THE COMMISSION IS SERVING AS THE GOVERNING BOARD FOR THE STATE COLLEGES, THE COMMISSION MAY HOLD PROPERTY FOR THE USE OF THE STATE COLLEGES, MAY BE A PARTY TO ALL SUITS AND CONTRACTS INVOLVING THE STATE COLLEGES, AND MAY DO ALL THINGS THERETO LAWFULLY APPERTAINING IN LIKE MANNER AS MUNICIPAL CORPORATIONS OF THIS STATE. THE LEGAL EFFECT OF ANY STATUTE HERETOFORE DESIGNATING THE TRUSTEES OF THE STATE COLLEGES IN COLORADO, OR PROPERTY RIGHTS HERETOFORE ACQUIRED AND OBLIGATIONS HERETOFORE INCURRED UNDER ANY OTHER NAME, SHALL NOT BE IMPAIRED BUT SHALL BE DEEMED TO APPLY TO THE COMMISSION.

(5)  THE COMMISSION SHALL HAVE THE POWER TO CONTINUE ANY RESOURCE­SHARING PROGRAM IMPLEMENTED BY THE TRUSTEES OF THE STATE COLLEGES BETWEEN THE INSTITUTIONS PREVIOUSLY GOVERNED BY SAID TRUSTEES AND WITH ANY OTHER INSTITUTION OF HIGHER EDUCATION FOR THE PURPOSE OF MAXIMIZING PROGRAM AVAILABILITY.

SECTION 2. Repeal. 23­50­102, Colorado Revised Statutes, is repealed.

SECTION 3. 23­50­103, Colorado Revised Statutes, is amended to read:

23­50­103. Faculty ­ salaries ­ course of study. EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, subject to the constitutional powers of the state board of education, the trustees of the state colleges in Colorado COMMISSION SHALL have the general supervision of the STATE colleges named in section 23­50­101 (1) and the control and direction of their funds and the appropriations therefor. They THE COMMISSION SHALL have the power to appoint the faculty, consisting of principals, assistant principals, and such other professors as may be required. They may also appoint such assistant teachers as are found necessary. Said trustees THE COMMISSION SHALL have the power to remove said principals or assistant principals or any professor, teacher, or employee in or about the colleges and to appoint or employ another or others instead; to fix the salaries of each; and to prescribe their several duties. With the advice of the faculty, they THE COMMISSION shall prescribe in the colleges the degree programs; however, the faculty shall advise and consent to the textbooks, courses of study, and instruction. They THE COMMISSION shall make all needful rules, regulations, and bylaws for the good government and management of the same.

SECTION 4. 23­50­103.5, Colorado Revised Statutes, is amended to read:

23­50­103.5. State colleges in Colorado fund ­ creation ­ control ­ use. (1)  There is hereby created in the state treasury the trustees of the state colleges in Colorado fund which THAT, FROM JULY 1, 1998, TO JUNE 30, 1999, shall be under the control of and administered by the trustees of the state colleges in Colorado COMMISSION in accordance with the provisions of this article. Except as otherwise allowed by section 24­36­103 (2), C.R.S., all moneys received or acquired by the board COMMISSION FOR THE STATE COLLEGES or by any of the institutions it governs STATE COLLEGES, whether by appropriation, grant, contract, or gift, by sale or lease of surplus real or personal property, or by any other means, whose disposition is not otherwise provided for by law, and all interest derived from the deposit and investment of moneys in the fund shall be credited to said fund. The moneys in the fund are hereby continuously appropriated to the board COMMISSION FOR ADMINISTRATIVE COSTS INCURRED IN GOVERNING THE STATE COLLEGES AND FOR ALLOCATION TO THE STATE COLLEGES and shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. No investment earnings or other moneys in the fund shall be subject to any management fee imposed pursuant to section 24­36­114, C.R.S.

(2)  The moneys in the trustees of the state colleges in Colorado fund shall be used by the trustees of the state colleges in Colorado COMMISSION for the payment of salaries and operating expenses of the board INCURRED BY THE COMMISSION IN GOVERNING THE STATE COLLEGES and OPERATING EXPENSES of the institutions it governs and for the payment of any other expenses incurred by the board in carrying out its statutory powers and duties STATE COLLEGES.

(3)  Moneys in the trustees of the state colleges in Colorado fund which THAT are not needed for immediate use by the trustees of the state colleges in Colorado COMMISSION IN GOVERNING THE STATE COLLEGES may be invested by the state treasurer in investments authorized by sections 24­36­109, 24­36­112, and 24­36­113, C.R.S. The board COMMISSION shall determine the amount of moneys in the fund which THAT may be invested and shall notify the state treasurer in writing of such amount.

SECTION 5. 23­50­104, Colorado Revised Statutes, is amended to read:

23­50­104. Grounds, buildings, and apparatus. The trustees of the state colleges in Colorado have EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COMMISSION HAS the power, and it is their duty from time to time, as means are provided and placed at their disposal, to provide suitable grounds and buildings, either by donation, purchase, or lease, for the use of said THE STATE colleges and, in their discretion, also to provide all proper and needful apparatus, books, articles, and things for teaching and illustrating the branches of study authorized in said THE STATE colleges.

SECTION 6. Repeal. 23­50­105, Colorado Revised Statutes, is repealed as follows:

23­50­105. Board to elect officers. The trustees of the state colleges in Colorado shall elect from among their number, at the annual meeting of the board, a president, who shall preside at all meetings and perform such duties as are incumbent upon such office. The board shall also elect a secretary, who is not a member of the board and who shall hold office for a term of one year and until his successor is elected and qualified. The secretary shall give bond in a sum fixed by the commissioner of education for the faithful handling and true accounting and delivery of all moneys and property of said colleges coming into his hands or control. The bond shall be filed with the secretary of state after approval of the sureties thereon by the board of trustees. No secretary shall receive into his possession or control any moneys or property of said colleges until after he has executed his bond and the same has been approved and filed as provided in this section.

SECTION 7. 23­50­106, Colorado Revised Statutes, is repealed as follows:

23­50­106. Treasurer of board ­ oath and bond. The trustees of the state colleges in Colorado shall elect a treasurer, who shall hold his office at the pleasure of the board. Said treasurer shall keep a true account of all moneys received and paid out by him and pay all warrants duly signed by the president and countersigned by the secretary of said board in the order of their presentation. Before entering upon the duties of his office as treasurer, he shall take and subscribe an oath that he will faithfully perform the duties of treasurer and shall also give a bond in the penal sum of not less than twenty­five thousand dollars, conditioned for the faithful discharge of his duties as treasurer, and that at all times he will keep and render a true account of all moneys and other valuables received by him as such treasurer and of the disposition he has made of the same, and that he will at all times be ready to discharge himself of the trust and to deliver up, when requested by said board, all moneys, notes, bonds, and other valuables entrusted to him. The bond shall have two or more good securities and shall be approved as to its form and the sufficiency of its sureties by the board of trustees and the secretary of state, who shall endorse their approval on the bond, and it shall be filed in the office of the secretary of state. No member of the board of trustees shall be eligible to the office of treasurer.

SECTION 8. 23­50­107, Colorado Revised Statutes, is amended to read:

23­50­107. Powers of trustees. The trustees of the state colleges in Colorado EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COMMISSION SHALL have the power to receive, demand, and hold for the uses and purposes of said THE STATE colleges such money, lands, or other property as may be donated or devised for or thereto and to apply the same within the powers conferred by law in such manner as shall best serve the interests and objects of said THE STATE colleges.

SECTION 9. 23­50­108, Colorado Revised Statutes, is amended to read:

23­50­108. Students ­ qualifications. The trustees of the state colleges in Colorado EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COMMISSION shall prescribe the qualifications for admission of students to said THE STATE colleges. Every applicant for admission to any of said THE STATE colleges shall undergo an examination by the faculty of the college, and, if it appears that such applicant is not a person of good moral character or if he OR SHE fails to pass such examination, such applicant shall be rejected.

SECTION 10. 23­50­109, Colorado Revised Statutes, is amended to read:

23­50­109. Open to residents ­ tuition. The STATE colleges under the control of the trustees of the state colleges in Colorado shall be open, subject to their regulations, to all persons resident in this state, sixteen years of age and upwards, upon the payment of such reasonable charges for tuition as the board COMMISSION may determine; and to nonresidents of this state under such regulations as said board THE COMMISSION may prescribe, upon payment of a rate of tuition to be fixed by said board THE COMMISSION. The board COMMISSION shall fix tuition in accordance with the level of cash fund appropriations set by the general assembly for such institutions pursuant to section 23­1­103.5.

SECTION 11. 23­50­110, Colorado Revised Statutes, is amended to read:

23­50­110. Granting of degrees and diplomas. The STATE colleges under the control of the trustees of the state colleges in Colorado pursuant to this article are authorized to grant degrees and diplomas to the students who have completed the full course of instruction in said colleges and who have been recommended for such diplomas by the respective faculties of said colleges. Any such diploma, when signed by the president of the college, the commissioner of education, and the president and secretary of the trustees of the state colleges in Colorado COMMISSION, shall be evidence that the receiver thereof is a graduate of such college and is entitled to all the honors and privileges of a graduate.

SECTION 12. 23­50­112 (1), Colorado Revised Statutes, is amended to read:

23­50­112. Commission authorized to cede jurisdiction of college driveways. (1)  The trustees of the state colleges in Colorado are EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COMMISSION IS authorized to cede jurisdiction of the regulation and control of the use of the driveways on the campus of any state college under the jurisdiction of the trustees to the town, city, or county in which a state college is located, subject to the acceptance of said jurisdiction by the respective town, city, or county.

SECTION 13. 23­50­113, Colorado Revised Statutes, is amended to read:

23­50­113. State colleges undergraduate enrichment fund. (1)  There is hereby created in the department of higher education, under the exclusive control of the trustees of the state colleges in Colorado COMMISSION, the state colleges undergraduate enrichment fund. Any moneys credited to the fund shall remain in the fund and shall not revert to the general fund at the end of the fiscal year. Such moneys in the fund may be invested in the types of investments authorized in sections 24­36­109, 24­36­112, and 24­36­113, C.R.S. Any interest earned on the moneys is hereby continuously appropriated for the purposes of subsection (2) of this section.

(2)  Interest earned on moneys pursuant to subsection (1) of this section shall be used to fund programs to advance and enrich undergraduate education at THE STATE colleges. under the control of the board. Awards for such purposes shall be granted by the trustees of the state colleges in Colorado COMMISSION within one year from the date any moneys are credited to the fund and shall be annually granted thereafter. The trustees COMMISSION shall promulgate rules and regulations establishing the criteria to be used in granting such annual awards.

SECTION 14. 23­51­101, Colorado Revised Statutes, is amended to read:

23­51­101. College established ­ role and mission. There is hereby established a college at Alamosa, to be known as Adams state college, which THAT shall be a general baccalaureate institution with moderately selective admission standards. Adams state college shall offer limited professional programs, Hispanic programs, undergraduate education degrees, masters' level programs, and two­year transfer programs with a community college role and mission but shall not offer vocational education programs. The commission, after consultation with the college and governing board, shall determine which graduate programs, if any, at the college shall be phased out. Adams state college shall receive resident credit for two­year course offerings in its commission­approved service area. EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, UPON DISSOLUTION OF THE TRUSTEES OF THE STATE COLLEGES IN COLORADO, THE COLORADO COMMISSION ON HIGHER EDUCATION SHALL ACCEPT THE PROPERTY AND ASSETS OF ADAMS STATE COLLEGE. THE POWERS, DUTIES, AND FUNCTIONS FORMERLY PERFORMED BY THE TRUSTEES OF THE STATE COLLEGES IN COLORADO WITH RESPECT TO ADAMS STATE COLLEGE ARE HEREBY TRANSFERRED TO THE COLORADO COMMISSION ON HIGHER EDUCATION, EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999.

SECTION 15. 23­51­102, Colorado Revised Statutes, is amended to read:

23­51­102. Lease of grounds ­ construction. For the purpose of providing dormitories, living and dining halls, or cottages and equipment for the use of the school, to enable the construction, financing, and ultimate acquisition thereof, and to aid in improving undeveloped portions of the grounds of the Adams state college of Colorado, the trustees of the state colleges in Colorado are COLORADO COMMISSION ON HIGHER EDUCATION, FROM JULY 1, 1998, TO JUNE 30, 1999, IS empowered to lease grounds under their ITS control to private persons or corporations for a term not exceeding fifty years and subject to such regulations as they IT may prescribe, and upon the condition that such private persons or corporations shall construct and equip on such leased grounds such buildings or improvements as the trustees designate or approve COMMISSION DESIGNATES OR APPROVES and secure reimbursement for money invested therein from the rentals of such buildings or from their sale to the trustees COMMISSION acting for the state.

SECTION 16. 23­51­103, Colorado Revised Statutes, is amended to read:

23­51­103. No authority to create state obligation. Nothing in sections 23­51­102 to 23­51­108 constitutes any authority to enter into any contract which THAT shall in any way create any debt or obligation upon the state on account of the construction of such buildings or improvements; except that buildings and improvements erected on any such lands under the control of the trustees COLORADO COMMISSION ON HIGHER EDUCATION FROM JULY 1, 1998, TO JUNE 30, 1999, and devoted to the uses of the college under the terms of sections 23­51­102 to 23­51­108 and the leasehold interest shall be exempt from taxation so far as permitted by the state constitution.

SECTION 17. 23­51­104, Colorado Revised Statutes, is amended to read:

23­51­104. Commission to control buildings. The management of buildings erected and equipped under the terms of sections 23­51­102 to 23­51­108, and the scale of rentals thereof, shall, FROM JULY 1, 1998, TO JUNE 30, 1999, be subject to the approval of the trustees of the state colleges in Colorado COLORADO COMMISSION ON HIGHER EDUCATION.

SECTION 18. 23­51­105, Colorado Revised Statutes, is amended to read:

23­51­105. Commission may rent buildings. The trustees of the state colleges in Colorado are EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION IS authorized to lease or rent such buildings constructed under the provisions of sections 23­51­102 to 23­51­108 from the private persons or corporations constructing the same upon such terms as they deem IT DEEMS satisfactory as to current rental, maintenance, and ultimate purchase, paying therefor out of the revenues derived from the operation of such buildings by the trustees COMMISSION or from other funds under their ITS control available for general maintenance purposes.

SECTION 19. 23­51­107, Colorado Revised Statutes, is amended to read:

23­51­107. Leasehold interest may be sold. Nothing in sections 23­51­102 to 23­51­108 shall prevent the transfer or sale of the leasehold interest prior to its expiration, subject to the approval of the trustees COLORADO COMMISSION ON HIGHER EDUCATION IF SAID TRANSFER OR SALE OCCURS ON OR AFTER JULY 1, 1998, BUT PRIOR TO JUNE 30, 1999.

SECTION 20. 23­51­108, Colorado Revised Statutes, is amended to read:

23­51­108. Commission may rent rooms. Upon the termination of any lease or contract executed with private persons or corporations for the construction of buildings under the terms of sections 23­51­102 to 23­51­108, the trustees of the state colleges in Colorado are EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION IS empowered to rent rooms or quarters in buildings erected under such leases or contracts for such reasonable compensation as they IT may deem best in relation to current operation, maintenance, and upkeep costs.

SECTION 21. Repeal. 23­53­103, Colorado Revised Statutes, is repealed as follows:

23­53­103. Prospective curricula and development plans to be submitted. Not later than March 1, 1973, the trustees of the state colleges in Colorado, working in cooperation with Mesa junior college and the Mesa junior college board of trustees, shall have developed a preliminary plan of courses of study to be provided and offered by Mesa state college, the projected development of its campus, and capital costs and estimated operating expenses for a period of at least five years next following the adoption of such plan. The preliminary plan shall be submitted to the Colorado commission on higher education for its review and recommendation to the governor and general assembly. A final plan shall be developed and submitted no later than June 30, 1973, to the Colorado commission on higher education for its review and recommendation to the governor and the general assembly. The plan shall include the manner in which the administration of Mesa state college will utilize area and community advisory councils, particularly in the programs of occupational, career, and vocational curricula, giving particular attention to the agricultural, business, industrial, distributive, and labor interests in such programs; further, this plan shall project how the vocational curricula of the Mesa junior college will be continued, extended, and articulated within the Mesa state college programs of the future years.

SECTION 22. 23­53­104, Colorado Revised Statutes, is amended to read:

23­53­104. Transfer of assets of junior college ­ procedure. Mesa state college may evolve from the Mesa junior college district organized and now existing pursuant to the provisions of article 71 of this title, on or before July 1, 1974, based upon a plan of dissolution providing for transfer of the property and assets of the district to Mesa state college, which shall have been approved by the trustees of the state colleges in Colorado and then adopted by the registered qualified electors of the Mesa junior college district. Following the adoption of such plan of dissolution, but not sooner than July 1, 1974, the trustees of the state colleges in Colorado shall accept the property and assets of the Mesa junior college district in accordance with the plan. EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, UPON DISSOLUTION OF THE TRUSTEES OF THE STATE COLLEGES IN COLORADO, THE COLORADO COMMISSION ON HIGHER EDUCATION SHALL ACCEPT THE PROPERTY AND ASSETS OF MESA STATE COLLEGE.

SECTION 23. 23­53­105, Colorado Revised Statutes, is amended to read:

23­53­105. Outstanding obligations. If the plan of dissolution is adopted pursuant to section 23­53­104, but not sooner than July 1, 1974, the trustees of the state colleges in Colorado shall assume the duties of the Mesa junior college board of trustees EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION SHALL ASSUME THE POWERS, DUTIES, AND FUNCTIONS FORMERLY PERFORMED BY THE TRUSTEES OF THE STATE COLLEGES IN COLORADO WITH RESPECT TO THE MESA COUNTY JUNIOR COLLEGE DISTRICT in taking such action as is necessary to meet the outstanding obligations of the Mesa county junior college district in substantial compliance with the terms of the outstanding bonds, authorizing resolutions, or other contractual instruments pertinent to such obligations. All general obligation indebtedness of the Mesa county junior college district, both principal and interest, shall be paid when due from the proceeds of continuing levies of ad valorem taxes against all of the taxable property within the boundaries of the Mesa county junior college district, except to the extent other revenues are made available therefor. All revenue bonds and other special obligations, if any, which by their terms are not payable from ad valorem taxes of the Mesa county junior college district shall continue to be payable from the revenues designated therein. Nothing in this section shall be construed to prevent the refunding by the trustees of the state colleges in Colorado COLORADO COMMISSION ON HIGHER EDUCATION of outstanding obligations of the Mesa county junior college district. The provisions of this section shall be set forth in substance in the plan for dissolution.

SECTION 24. 23­53­106, Colorado Revised Statutes, is amended to read:

23­53­106. Colorado commission on higher education to supervise. The trustees of the state colleges in Colorado EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION shall have general supervision of Mesa state college and the control and direction of the funds and appropriations made thereto, and said trustees COMMISSION shall have power to receive, demand, and hold for the uses and purposes of the college all money, lands, and other property which THAT may be donated, devised, or conveyed thereto and to apply the same in such manner as shall best serve the objects and interests of the college. THE POWERS, DUTIES, AND FUNCTIONS FORMERLY PERFORMED BY THE TRUSTEES OF THE STATE COLLEGES IN COLORADO WITH RESPECT TO MESA STATE COLLEGE ARE HEREBY TRANSFERRED TO THE COLORADO COMMISSION ON HIGHER EDUCATION, EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999.

SECTION 25. 23­53­107, Colorado Revised Statutes, is amended to read:

23­53­107. Power to acquire land. The trustees of the state colleges in Colorado shall also EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION SHALL have power to take and hold, by gift, devise, or purchase or through exercise of the power of eminent domain pursuant to law, so much additional land as may become necessary for the location and construction of such additional buildings, structures, and other facilities as may be required for the uses and purposes of the college from funds appropriated by the general assembly.

SECTION 26. 23­53­108, Colorado Revised Statutes, is amended to read:

23­53­108. Commission empowered to lease grounds. For the purpose of providing dormitories, living and dining halls, or cottages and equipment for the use of the college, and to enable the construction, financing, and ultimate acquisition thereof, and to aid in improving undeveloped portions of the grounds of Mesa state college, the trustees of the state colleges in Colorado are COLORADO COMMISSION ON HIGHER EDUCATION, FROM JULY 1, 1998, TO JUNE 30, 1999, IS empowered to lease grounds under their ITS control to private persons or corporations for a term not exceeding fifty years, subject to such regulations as they IT may prescribe and upon the condition that such private persons or corporations shall construct and equip on such leased grounds such buildings or improvements as the trustees designate or approve COMMISSION DESIGNATES OR APPROVES, reimbursement for money invested therein to be secured from the rentals of such buildings or from their sale to the trustees COMMISSION acting for the state.

SECTION 27. 23­53­109, Colorado Revised Statutes, is amended to read:

23­53­109. No authority to obligate state. Nothing in sections 23­53­108 to 23­53­114 shall constitute any authority to enter into any contract which THAT in any way creates any debt or obligation upon the state on account of the construction of such buildings or improvements; but buildings and improvements erected on any such lands under the control of the trustees of the state colleges in Colorado COLORADO COMMISSION ON HIGHER EDUCATION FROM JULY 1, 1998, TO JUNE 30, 1999, and devoted to the uses of the college under the terms of sections 23­53­108 to 23­53­114 and the leasehold interest shall be exempt from taxation so far as permitted by the state constitution.

SECTION 28. 23­53­110, Colorado Revised Statutes, is amended to read:

23­53­110. Buildings ­ control of. The management of buildings erected and equipped under the terms of sections 23­53­108 to 23­53­114 and the scale of rentals thereof shall, ON OR AFTER JULY 1, 1998, BUT PRIOR TO JUNE 30, 1999, be subject to the approval of the trustees of the state colleges in Colorado COLORADO COMMISSION ON HIGHER EDUCATION.

SECTION 29. 23­53­111, Colorado Revised Statutes, is amended to read:

23­53­111. Commission may rent buildings. The trustees of the state colleges in Colorado are EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION IS authorized to lease or rent such buildings constructed under the provisions of sections 23­53­108 to 23­53­114 from the private persons or corporations constructing the same upon such terms as they deem IT DEEMS satisfactory as to current rental, maintenance, and ultimate purchase, paying therefor out of the revenues derived from the operation of such buildings by the trustees COMMISSION or from other funds under their ITS control available for general maintenance purposes.

SECTION 30. 23­53­113, Colorado Revised Statutes, is amended to read:

23­53­113. Leasehold interest may be sold. Nothing in sections 23­53­108 to 23­53­114 shall prevent the transfer or sale of the leasehold interests prior to their expiration, subject to the approval of the trustees of the state colleges in Colorado COLORADO COMMISSION ON HIGHER EDUCATION IF SAID TRANSFER OR SALE OCCURS ON OR AFTER JULY 1, 1998, BUT PRIOR TO JUNE 30, 1999.

SECTION 31. 23­53­114, Colorado Revised Statutes, is amended to read:

23­53­114. Commission may rent rooms. Upon the termination of any lease or contract executed with private persons or corporations for the construction of buildings under the terms of sections 23­53­108 to 23­53­114, the trustees of the state colleges in Colorado are EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION IS empowered to rent rooms or quarters in buildings erected under such leases or contracts for such reasonable compensation as they deem IT DEEMS best in relation to current operation, maintenance, and upkeep costs.

SECTION 32. 23­53­115 (4), Colorado Revised Statutes, is amended to read:

23­53­115. Graduate programs ­ implementation program ­ creation of fund ­ solicitation of moneys. (4)  The trustees of the state colleges in Colorado EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION, on behalf of Mesa state college, may receive and spend any moneys from public or private gifts, grants, or donations and any moneys that may be appropriated by the general assembly for use in developing graduate courses and programs in accordance with the implementation plan developed pursuant to subsection (2) of this section, including the hiring of graduate faculty and the procurement of library and other learning resource materials and appropriate support services. It is the intent of the general assembly that the commission on higher education, in establishing the general fund distribution formula, pursuant to section 23­1­105 (3), beginning with the 1995­96 fiscal year and for fiscal years thereafter, shall include the enrollment of students in graduate programs at Mesa state college in the allocation to the trustees of the state colleges in Colorado GOVERNING BOARD FOR MESA STATE COLLEGE.

SECTION 33. 23­53­116 (1), (2), and (5), Colorado Revised Statutes, are amended to read:

23­53­116. Western Colorado graduate center ­ advisory board ­ duties ­ creation of fund. (1)  Effective July 1, 1995, the western Colorado graduate center, referred to in this section as the "center", is established on the campus of Mesa state college. The center's mission is to ensure reliable, consistent, and cost­effective access for residents of western Colorado to graduate courses and programs that are necessary to maintain or strengthen employment knowledge and skills. The center is not authorized to provide graduate courses or programs. The center shall be under the authority and governance of the trustees of the state colleges in Colorado who shall develop a plan of implementation and operation for the center consistent with the center's mission; EXCEPT THAT, ON OR AFTER JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE CENTER SHALL BE UNDER THE AUTHORITY AND GOVERNANCE OF THE COLORADO COMMISSION ON HIGHER EDUCATION. The center shall operate independently of Mesa state college and shall commence operation on July 1, 1996.

(2)  The trustees of the state colleges in Colorado shall appoint a seven­member advisory board to advise them in operating the center; EXCEPT THAT, ON OR AFTER JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION SHALL APPOINT THE MEMBERS OF THE ADVISORY BOARD. The advisory board shall include two members of the trustees of the state colleges in Colorado COLORADO COMMISSION ON HIGHER EDUCATION or designees of such members. The remaining advisory board members shall be representative of western Colorado.

(5)  The trustees for the state colleges in Colorado EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION, on behalf of the center, may receive and spend any moneys from public or private gifts, grants, or donations and any moneys that may be appropriated by the general assembly for operation of the center and for contracts entered into by the center for the provision of graduate courses and programs. It is the intent of the general assembly that the commission on higher education, in establishing the general fund distribution formula, pursuant to section 23­1­105 (3), beginning with the 1995­96 fiscal year and for fiscal years thereafter, shall include the ALLOCATE MONEYS TO THE CENTER BASED ON enrollment of students in graduate programs at the center. in the allocation to the trustees of the state colleges in Colorado.

SECTION 34. 23­54­101, Colorado Revised Statutes, is amended to read:

23­54­101. College established ­ role and mission ­ effect of name change. (1)  There is hereby established a college at Denver, to be known as Metropolitan state college of Denver, which THAT shall be a comprehensive baccalaureate institution with modified open admission standards; except that nontraditional students, as defined by the Colorado commission on higher education, after consultation with the board of trustees of the state colleges in Colorado, who are at least twenty years of age shall only have an admission requirement of a high school diploma, a GED high school equivalency certificate, or the equivalent thereof. Metropolitan state college of Denver shall offer a variety of liberal arts and science, technical, and educational programs. The college may offer a limited number of professional programs. Metropolitan state college of Denver shall offer no graduate programs.

(2)  The legal effects of any statute heretofore designating Metropolitan state college of Denver by any other name, or property rights heretofore acquired and obligations heretofore incurred under any other name, shall not be impaired.

(3)  EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, UPON DISSOLUTION OF THE TRUSTEES OF THE STATE COLLEGES IN COLORADO, THE COLORADO COMMISSION ON HIGHER EDUCATION SHALL ACCEPT THE PROPERTY AND ASSETS OF METROPOLITAN STATE COLLEGE OF DENVER. THE POWERS, DUTIES, AND FUNCTIONS FORMERLY PERFORMED BY THE TRUSTEES OF THE STATE COLLEGES IN COLORADO WITH RESPECT TO METROPOLITAN STATE COLLEGE OF DENVER ARE HEREBY TRANSFERRED TO THE COLORADO COMMISSION ON HIGHER EDUCATION, EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999.

SECTION 35. The introductory portion to 23­54­102 (1), Colorado Revised Statutes, is amended to read:

23­54­102. Control, objects, and purposes. (1)  EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, Metropolitan state college of Denver shall be under the control and management of the trustees of the state colleges in Colorado COLORADO COMMISSION ON HIGHER EDUCATION, and its objects shall be:

SECTION 36. 23­54­103, Colorado Revised Statutes, is amended to read:

23­54­103. Comprehensive plan of operation. In conformity with the general plan for the development of higher education in the state and in cooperation with the association of state institutions of higher education, the trustees shall develop a comprehensive plan for the long­range development of Metropolitan state college of Denver and shall periodically transmit planning reports to the governor and to the commission on higher education. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE COMPREHENSIVE PLAN DEVELOPED FOR METROPOLITAN STATE COLLEGE OF DENVER PRIOR TO JULY 1, 1998, SHALL REMAIN IN PLACE UNTIL A NEW GOVERNING BOARD IS DESIGNATED FOR METROPOLITAN STATE COLLEGE OF DENVER PURSUANT TO SECTION 23­50­101.

SECTION 37. 23­56­101, Colorado Revised Statutes, is amended to read:

23­56­101. College established ­ role and mission. (1)  There is hereby established a college at Gunnison, which shall be known as Western state college of Colorado. Western state college of Colorado shall be a general baccalaureate institution with moderately selective admission standards. The college shall provide a limited number of professional programs, educational programs, and traditional arts and sciences. The Colorado commission on higher education, after consultation with the college and governing board, shall determine which graduate programs, if any, shall be phased out. Western state college shall offer no two­year programs.

(2)  EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, UPON DISSOLUTION OF THE TRUSTEES OF THE STATE COLLEGES IN COLORADO, THE COLORADO COMMISSION ON HIGHER EDUCATION SHALL ACCEPT THE PROPERTY AND ASSETS OF WESTERN STATE COLLEGE OF COLORADO. THE POWERS, DUTIES, AND FUNCTIONS FORMERLY PERFORMED BY THE TRUSTEES OF THE STATE COLLEGES IN COLORADO WITH RESPECT TO WESTERN STATE COLLEGE OF COLORADO ARE HEREBY TRANSFERRED TO THE COLORADO COMMISSION ON HIGHER EDUCATION, EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999.

SECTION 38. 23­56­102, Colorado Revised Statutes, is amended to read:

23­56­102. Status and control. The buildings and premises of the Western state college of Colorado shall form a part of the school system of the state and, EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, shall be controlled and managed by the board of trustees created in section 23­50­101 (1), known as the trustees of the state colleges in Colorado COLORADO COMMISSION ON HIGHER EDUCATION.

SECTION 39. 23­56­103, Colorado Revised Statutes, is amended to read:

23­56­103. Commission empowered to lease grounds. For the purpose of providing dormitories, living and dining halls, or cottages and equipment for the use of the college, and to enable the construction, financing, and ultimate acquisition thereof, and to aid in improving undeveloped portions of the grounds of the Western state college of Colorado, the trustees of the state colleges in Colorado are EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION IS empowered to lease grounds under their ITS control to private persons or corporations for a term not exceeding fifty years and subject to such regulations as they IT may prescribe, and upon the condition that such private persons or corporations shall construct and equip on such leased grounds such buildings or improvements as the trustees designate or approve COMMISSION DESIGNATES OR APPROVES designate or approve and secure reimbursement for money invested therein from the rentals of such buildings or from their sale to the trustees COMMISSION acting for the state.

SECTION 40. 23­56­104, Colorado Revised Statutes, is amended to read:

23­56­104. No authority to obligate state. Nothing in sections 23­56­103 to 23­56­109 shall constitute any authority to enter into any contract which THAT in any way creates any debt or obligation upon the state on account of the construction of such buildings or improvements; but buildings and improvements erected on any such lands under the control of the trustees COLORADO COMMISSION ON HIGHER EDUCATION FROM JULY 1, 1998, TO JUNE 30, 1999, and devoted to the uses of the college under the terms of sections 23­56­103 to 23­56­109 and the leasehold interest shall be exempt from taxation so far as permitted by the state constitution.

SECTION 41. 23­56­105, Colorado Revised Statutes, is amended to read:

23­56­105. Buildings ­ control of. The management of buildings erected and equipped under the terms of sections 23­56­103 to 23­56­109 and the scale of rentals thereof shall, ON OR AFTER JULY 1, 1998, BUT PRIOR TO JUNE 30, 1999, be subject to the approval of the trustees COLORADO COMMISSION ON HIGHER EDUCATION.

SECTION 42. 23­56­106, Colorado Revised Statutes, is amended to read:

23­56­106. Commission may rent buildings. The trustees of the state colleges in Colorado are EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION IS authorized to lease or rent such buildings constructed under the provisions of sections 23­56­103 to 23­56­109 from the private persons or corporations constructing the same upon such terms as they deem IT DEEMS satisfactory as to current rental, maintenance, and ultimate purchase, paying therefor out of the revenues derived from the operation of such buildings by the trustees COMMISSION or from other funds under their ITS control available for general maintenance purposes.

SECTION 43. 23­56­108, Colorado Revised Statutes, is amended to read:

23­56­108. Leasehold interest may be sold. Nothing in sections 23­56­103 to 23­56­109 shall prevent the transfer or sale of the leasehold interests prior to their expiration, subject to the approval of the trustees COLORADO COMMISSION ON HIGHER EDUCATION IF SAID TRANSFER OR SALE OCCURS ON OR AFTER JULY 1, 1998, BUT PRIOR TO JUNE 30, 1999.

SECTION 44. 23­56­109, Colorado Revised Statutes, is amended to read:

23­56­109. Commission may rent rooms. Upon the termination of any lease or contract executed with private persons or corporations for the construction of buildings under the terms of sections 23­56­103 to 23­56­109, the trustees are EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION IS empowered to rent rooms or quarters in buildings erected under such leases or contracts for such reasonable compensation as they deem IT DEEMS best in relation to current operation, maintenance, and upkeep costs.

SECTION 45. 23­1­104 (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

23­1­104. Financing the system of postsecondary education ­ repeal. (1) (e) (I)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1), FOR THE 1998­99 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL MAKE THE APPROPRIATION OF GENERAL FUND MONEYS AND OF CASH FUNDS RECEIVED FROM TUITION INCOME THAT WOULD OTHERWISE BE MADE TO THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO AS A SINGLE LINE ITEM TO THE COMMISSION. THE COMMISSION SHALL ALLOCATE SAID APPROPRIATIONS TO THE INSTITUTIONS FORMERLY UNDER THE CONTROL OF THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO IN PROPORTION TO THE AMOUNT RECEIVED BY EACH INSTITUTION FOR THE 1997­98 FISCAL YEAR.

(II)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (a) OF THIS SUBSECTION (1), FOR THE 1998­99 FISCAL YEAR, THE GENERAL ASSEMBLY SHALL MAKE THE APPROPRIATION OF CASH FUNDS, OTHER THAN CASH FUNDS RECEIVED AS TUITION INCOME, THAT WOULD OTHERWISE BE MADE TO THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO AS A SINGLE LINE ITEM TO THE COMMISSION. THE COMMISSION SHALL ALLOCATE SAID APPROPRIATIONS TO THE INSTITUTIONS FORMERLY UNDER THE CONTROL OF THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO IN PROPORTION TO THE AMOUNT RECEIVED BY EACH INSTITUTION FOR THE 1997­98 FISCAL YEAR.

(III)  THE COMMISSION MAY RETAIN UP TO ___ PERCENT OF THE APPROPRIATIONS MADE PURSUANT TO THIS PARAGRAPH (e) TO OFFSET THE COSTS INCURRED BY THE COMMISSION IN MANAGING THE INSTITUTIONS FORMERLY UNDER THE CONTROL OF THE BOARD OF TRUSTEES OF THE STATE COLLEGES IN COLORADO DURING THE 1998­99 FISCAL YEAR.

(IV)  THIS PARAGRAPH (e) IS REPEALED, EFFECTIVE JULY 1, 1999

SECTION 46. 23­5­103 (1), Colorado Revised Statutes, is amended to read:

23­5­103. Pledge of income. (1)  The governing board of any one or more state educational institutions, including, but not limited to, the STATE colleges, under the control and operation of the trustees of the state colleges in Colorado, which THAT enters into such a contract for the advancement of moneys is authorized, in connection with or as a part of such contract, to pledge the net income derived or to be derived from such land or facilities so constructed, acquired, and equipped as security for the repayment of the moneys advanced therefor, together with interest thereon, and for the establishment and maintenance of reserves in connection therewith; and, for the same purpose, any such governing board is also authorized, subject to the limitations specified in section 23­1­123 (5), to pledge the net income derived or to be derived from other auxiliary facilities which THAT are not individually designated as enterprises and which THAT are not acquired and not to be acquired with moneys appropriated to the institution by the state of Colorado, and to pledge the net income, fees, and revenues derived from such sources, if unpledged, or, if pledged, the net income, fees, and revenues currently in excess of the amount required to meet principal, interest, and reserve requirements in connection with outstanding obligations to which such net income, fees, and revenues have theretofore been pledged. If the contract for the advancement of moneys is entered into by the university of Colorado on behalf of a designated enterprise auxiliary facility that is associated with the university of Colorado, the board of regents is authorized to pledge only the net income, including fees and revenues derived or to be derived from the designated enterprise auxiliary facility and any other designated enterprise auxiliary facilities.

SECTION 47. 23­40­104 (2), Colorado Revised Statutes, is amended to read:

23­40­104. Board of trustees. (2)  Except as provided in this subsection (2), the powers, duties, and functions formerly performed by the trustees of the state colleges in Colorado with respect to the university of northern Colorado are hereby transferred to the board of trustees for the university of northern Colorado. The board of trustees for the university of northern Colorado shall have, with respect to the university of northern Colorado, the same powers, duties, and functions as the trustees of the state colleges in Colorado have COLORADO COMMISSION OF HIGHER EDUCATION HAS with respect to the state colleges named in section 23­50­101 (1); except that the trustees of the state colleges in Colorado EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION shall retain HAVE authority over the setting of fees and other fiscal matters at the university of northern Colorado directly related to present and future facilities and pledges under the systemwide bonding agreement in effect as of May 1, 1972, but no action changing the liabilities of said university with reference to the system may be taken without thirty days' prior notice to the board of trustees for the university of northern Colorado.

SECTION 48. The introductory portion to 23­70­102 (1) and 23­70­102 (1) (b), Colorado Revised Statutes, are amended to read:

23­70­102. Auraria board ­ membership ­ terms ­ oaths ­ voting ­ repeal. (1)  Effective July 1, 1989, there is hereby created a new board of directors of the Auraria higher education center, referred to in this article as the "Auraria board", which THAT shall consist of nine members and two ex officio nonvoting members. The members of the Auraria board shall be chosen in the following manner:

(b) (I)  The chief executive officers, respectively, of the regents of the university of Colorado, the trustees of the state colleges in Colorado, and the state board for community colleges and occupational education, AND, EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION, or their designees, who shall be limited to the chancellor of the university of Colorado at Denver, the president of the Metropolitan state college of Denver, and the president of the community college of Denver, respectively.

(II)  Three members, one appointed by, and from among the members of, each of the following boards: The state board for community colleges and occupational education, the trustees of the state colleges in Colorado, and the regents of the university of Colorado, AND, EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION. Each such member to SHALL serve at the pleasure of the appointing board so long as he OR SHE is a member of the appointing board.

SECTION 49. 24­1­114 (4) (c), Colorado Revised Statutes, is amended to read:

24­1­114. Department of higher education ­ creation. (4)  For the purposes of section 22 of article IV of the state constitution, the following are allocated to the department of higher education but shall otherwise continue to be administered as provided by law:

(c)  EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, the trustees of the state colleges in Colorado, created by article 50 of title 23, C.R.S., COLORADO COMMISSION ON HIGHER EDUCATION, ACTING AS TEMPORARY GOVERNING BOARD for:

(I)  Adams state college of Colorado, created by article 51 of title 23, C.R.S.;

(II)    Metropolitan state college of Denver, created by article 54 of title 23, C.R.S.;

(III)    Repealed.

(IV)  Western state college of Colorado, created by article 56 of title 23, C.R.S.;

(V)  Mesa state college, created by article 53 of title 23, C.R.S.;

SECTION 50. 38­2­105, Colorado Revised Statutes, is amended to read:

38­2­105. Educational boards of control have right of eminent domain. The regents of the university of Colorado, the state board of agriculture for Colorado state university and Fort Lewis college, the board of trustees of the Colorado school of mines, the board of trustees of the university of northern Colorado, and the trustees of the state colleges in Colorado EFFECTIVE JULY 1, 1998, AND UNTIL JUNE 30, 1999, THE COLORADO COMMISSION ON HIGHER EDUCATION, ON BEHALF OF THE STATE COLLEGES, have the power to acquire real property, which THAT they may deem necessary, by the exercise of eminent domain through condemnation proceedings in accordance with law.

SECTION 51. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.